Appeals
The number of incoming appeals was up marginally to a total of 1064 in 2008. There was also an increase in the number of appeal decisions, reducing the backlog slightly from 2007.

Ease of access is a critically important aspect of the Workers' Compensation appeal process. At the Appeals Department level, almost 70% of appellants are self-represented workers. All that is required is a written request for reconsideration and the Appeals Department will ensure an independent and thorough review. The appellant may ask for an appeal hearing and is encouraged to submit additional information and evidence for consideration.

The Appeals Department has a strong focus on accountability and evidence based decision making. Appeals Officers have a broad range of experience in WCB claims adjudication and management. To help ensure continued accuracy and consistency in decision making, all Appeals Officers received professional Administrative Justice training in 2006 through 2008, with plans to continue professional development activities in 2009.

While the accuracy of an appeal decision is critical, the Appeals Department has established goals to deliver decisions in a timely manner. When an appeal is registered, clients are advised of the approximate time frame for their appeal to be considered. Appellants with electronic access to their claim file may track the status of their appeal online.

The backlog and cycle times improved again in 2008. The backlog at the end of 2008 was at 115 appeals compared to 142 at the end of 2007. The average cycle time was also lower, fluctuating between 45 and 50 days in 2008, compared to 65 days at the end of 2007. While not quite meeting internal target levels, this cycle time is among the best of Canadian Workers' Compensation Board internal appeal departments.

Statistics

Appeals Activity

	2008	2007	2006	2005	2004
Appeals Received	1064	1021	1008	1149	1077
Accepted	202	217	209	254	266
Denied	603	546	534	801	639
Returned for Development	264	246	190	259	231
Total	1069	1009	933	1314	1136
Withdrawn	22	23	42	22	42
Appeals Pending	115	142	153	120	307
Average days to decision	48	65	51	77	157
Appeals decided within 30 days	22.4%	21.0%	24.3%	26.3%	21.9%
Appeal Meetings	44	53	44	75	98

Source of Appeals

	2008	2007	2006	2005	2004
Source
Worker	718	722	671	820	717
Worker's Advocate	141	118	109	95	114
Employer	78	70	73	65	75
Union Official	37	36	31	24	49
Lawyer	17	17	28	35	32
Family	7	6	3	10	5
Other Representatives	66	52	93	100	85
Total	1064	1021	1008	1149	1077

Nature of Appeals

	2008	2007	2006	2005	2004
Issue
Initial Acceptance	354	333	317	359	290
Relationship (of condition to injury)	151	164	176	216	177
Recovery / Fitness	68	83	98	140	189
Expenses	81	69	47	77	29
Recovery / Pre-existing condition	51	59	57	27	67
Wage Loss Benefits	70	57	13	**	**
Estimated Earning Capacity	58	51	49	55	74
Cost Relief for Employer	46	39	70	59	67
Permanent Functional Impairment	26	34	29	44	42
Suspension	48	32	31	46	43
Wage Base	34	29	34	32	24
Retraining	15	20	18	23	23
Independence Allowance	4	18	13	22	8
Overpayment Recovery	26	17	15	4	2
Dependants	4	3	1	6	0
Other	28	13	40	39	42
Total	1064	1021	1008	1149	1077

** New Category of appeals in 2006

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Employer Appeals
The WCB's Revenue and Employer Accounts (REA) Department is responsible for employer registration, industry classification, experience rating and other issues that affect an employer's WCB account. The process for all REA appeals (except for experience rating) is a two-step process.

The Employer Services Representative (ESR) or Quantitative Research Analyst (QRA) who made the decision is asked to review it. Many issues can be resolved at this stage.

If the matter is not resolved, the employer can appeal to REA's Assessment Committee. The Committee will review the file and advise the employer of their decision.

Appeals Activity

	2008	2007	2006*
Appeals Received	14	27	28
Accepted	5	8	9
Denied	7	19	18
Outstanding	2	0	1
Total	14	27	28
Experience Rating Accepted	0	3	5
Experience Rating Denied	4	12	9
Classification Accepted	4	3	4
Classification Denied	0	4	6
Coverage Accepted	1	1	0
Coverage Denied	1	1	1
Other Accepted	0	1	0
Other Denied	2	2	2
Total	12	27	27

* Comparative data is not available prior to 2006

Final Level Appeals
Clients not satisfied with the outcome of the first level appeal by the Appeals Department or the Assessment Committee can request to have the issue reviewed by the WCB Board Members. The Board Members act as the final level of appeal for all matters unless there is a bona-fide medical question to be decided. A bona-fide medical question may be referred to a medical review panel of physicians.

Appeals Activity

	2008	2007	2006	2005	2004
Appeals Received	219	208	233	308	284
Decisions Made
Accepted	102	124	110	108	115
Denied	93	97	113	139	152
Total	195	221	233	247	267
Appeals Withdrawn	16	10	15	14	19
Appeals Pending	105	100	119	122	74
Average number days for decision	161	181	161	116	94
Oral Hearings	106	116	81	155	118

Source of Appeals

	2008	2007	2006	2005	2004
Worker's Advocate	103	86	108	120	102
Worker	68	66	76	89	99
Employer	22	28	27	26	33
Lawyer	10	8	4	13	11
Other Representatives	7	13	13	47	32
Union Official	7	5	3	9	5
Family	2	2	2	4	2
Total	219	208	233	308	284

Nature of Appeals

	2008	2007	2006	2005	2004
Initial Acceptance	82	54	65	69	61
Relationship	50	53	58	82	83
Recovery / Fitness	37	43	45	60	60
Cost Relief	11	17	6	26	21
Estimated Earning Capacity	9	9	10	14	14
Other	9	7	20	16	10
Transportation Expense	6	3	4	15	7
Wage Base	4	5	8	8	8
Suspension	4	5	3	2	3
Permanent Functional Impairment (PFI)	4	4	6	6	6
Retraining	3	3	4	2	4
Dependants	0	0	0	1	1
Assessment Rates and Surcharge	0	5	4	7	6
Total	219	208	233	308	284

Medical Review Panels

Appeals Activity

	2008	2007	2006	2005	2004
Panels Held	12	17	15	11	7
Decisions Made
Accepted	6	7	7	3	4
Denied	6	10	8	6	3
Total	12	17	15	9	7
Pending	0	0	0	2	0

Nature of Appeals

	2008	2007	2006	2005	2004
Relationship	7	14	12	9	6
Recovery/Fitness	5	2	2	2	0
PFI	0	1	0	0	1
Other	0	0	1	0	0
Total	12	17	15	11	7

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